Plaint in an Interpleader Suit under Section 88 and Order XXXV CPC
A plaint in an interpleader suit is the initiating document filed by a disinterested stakeholder who holds money, goods, or property that is claimed by two or more rival parties. The suit allows the stakeholder to compel the rival claimants to litigate their rights among themselves, thereby obtaining a discharge from liability.
This plaint is filed in a civil court of competent jurisdiction under Section 88 read with Order XXXV of the Code of Civil Procedure, 1908. The statutory format is prescribed in Form 40, Appendix A of the First Schedule to the CPC.
- Governing law
- CPC 1908 s.88 read with Order XXXV
- Sections
- s. 88
- Filed before
- Civil Court (Civil Judge / District Judge)
When this is the right filing
- When a person (the plaintiff) holds a specific property or sum of money and has no personal interest in it beyond charges or costs.
- When two or more defendants are making separate and rival claims to that same property or debt.
- When the plaintiff is ready to deposit the subject-matter in court or dispose of it as the court directs.
- When the plaintiff seeks to be discharged from all liability concerning the subject-matter.
- Do not use this plaint if the plaintiff asserts any personal right, title, or interest in the disputed property beyond a claim for costs or charges.
What the court looks for
- A clear and unequivocal averment that the plaintiff claims no interest in the subject-matter other than for charges or costs.
- A specific description of the separate and rival claims made by each defendant.
- An express statement that there is no collusion between the plaintiff and any of the defendants.
- A prayer for the defendants to interplead and settle their claims among themselves.
- Proper valuation of the suit and payment of court fees on the value of the subject-matter.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Jurisdiction, valuation and court fee
- 2Prayer
- 3Verification
- 4Affidavit in support of the plaint
Therefore, in view of the facts and circumstances narrated hereinabove, the Plaintiff most respectfully prays that this Hon'ble Court may be pleased to:
Bracketed items are filled from your case.
Frequently asked questions
What are the three mandatory averments in an interpleader suit plaint?
Under Order XXXV Rule 1 CPC, the plaint must state that the plaintiff claims no interest in the subject-matter other than for charges or costs, the specific claims made by each defendant, and that there is no collusion between the plaintiff and any defendant. The absence of any of these averments is a ground for rejection of the plaint.
Who are the parties in an interpleader suit?
The plaintiff is the disinterested stakeholder, such as a debtor or bailee, who holds the disputed property. The defendants are the rival claimants, and they must be designated as 'Defendant No. 1', 'Defendant No. 2', and so on, not as 'Applicant' or 'Respondent'.
What happens to the disputed property after the suit is filed?
The subject-matter of the dispute is typically deposited into the court or dealt with according to the court's directions. Once this is done, the plaintiff-stakeholder is generally discharged from all further liability concerning the property.
Free trial · Drafting assistance, not legal advice — always verify before filing.
More civil formats
- Affidavit in Support of Pleading under Order XIX Rule 3 CPC
- Appeal under Section 37 of the Arbitration and Conciliation Act, 1996
- Application for Condonation of Delay under Section 5 Limitation Act
- Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction
- Application for Impleadment of Party under Order I Rule 10 CPC
- Application for Recall, Modification or Clarification of an Order under Section 151 CPC
- Application for Restoration of Suit or Appeal Dismissed in Default
- Application for Substitution of Legal Representatives under Order XXII CPC